The problem that former Senator Coleman has is he lost fair and square," Elias said. "He lost because more people voted for Al Franken than voted for Norm Coleman. No amount of lawyering or sophisticated legal arguments is going to change that."

Secretary of State Mark Ritchie, a Democrat, said he would welcome an appeal, saying he thinks the state's highest court could provide closure.

The appeal must come within 10 days after the final order from the three-judge panel that presided over the seven-week trial.